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Category: FAQs

FAQs / Louisiana Cases

May a Louisiana Lawyer Sign Another Lawyer’s Name on a Pleading?

Yes, a Louisiana lawyer may sign another lawyer’s name on a pleading with the permission of that lawyer. See La. Civ. Code art. 2989. A Louisiana lawyer may not, however, sign another …

Discipline / FAQs

When Will a Lawyer’s Malpractice be “Sanctionable Misconduct?”

The most fundamental obligation that a lawyer owes to a client is the duty to handle the client’s matter competently. See La. Rules of Prof’l Conduct, r. 1.1. Incompetent lawyering can …

Ethics Opinions / FAQs

Must a Lawyer Disclose a Client’s Deposition Lie?

A recent Texas advisory ethics opinion addressed whether “a lawyer [has] a duty … to correct false statements made by his client in response to questioning by the opposing party’s …

Ethics Opinions / FAQs

May Lawyer Allow an App to Access Client Names on a Smartphone?

Cell phones have become an integral part of our lives. This is especially true for lawyers. Whether you are answering a client’s email or conducting a quick Westlaw search, smart …

Ethics Opinions / FAQs

May A Lawyer Communicate With A Former Employee Of A Represented Organization Without Obtaining The Consent Of The Organization’s Counsel?

Yes, according to a recent State Bar of Georgia advisory opinion. See State Bar of Georgia Formal Advisory Op. 20-1. The advisory ethics opinion provides guidance on the application of …

FAQs / Practice Tips and Aids / Professionalism

May a Louisiana Lawyer Surreptitiously Record a Telephone Call With a Potential Witness?

Yes, a Louisiana lawyer may record a phone call with a potential witness if at least one of the parties to call has given prior consent to the recording. First, …

FAQs / Practice Tips and Aids

Malpractice Insurer Provides Helpful Advice on How to Avoid Missing Deadlines

CNA, the leading malpractice insurer for Louisiana lawyers, recently distributed to its insureds helpful advice on how to avoid missing court deadlines. See CNA You Missed a Deadline??? How to …

FAQs

Must a Lawyer Withdraw From The Representation After a Client Files a Bar Complaint?

No, there is no per se rule requiring a lawyer to withdraw from the representation after a client files a bar complaint. However, the filing of a disciplinary may give …

FAQs / Practice Tips and Aids

Malpractice Insurer Provides Helpful Advice on Handling Client Trust Accounts

CNA, the leading malpractice insurer for Louisiana lawyers, recently distributed to its insureds helpful advice as to how they should handle client trust and IOLTA accounts. See CNA, Professional Counsel, Client …

FAQs / Rule Making

New York Lifts Ban on Law Firm Trade Names

On June 18, 2020, New York amended its advertising rules to permit lawyers to advertise their services under a trade or domain name. The revised rule now prohibits only “names …

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